1. The State Quarantine Officer hereby
adopts by reference the provisions of each domestic quarantine notice set forth
in Part 301 of Title 7 of the Code of Federal Regulations, as those provisions
existed on January 1, 2001, and any subsequent amendment to those provisions
that is approved by the State Quarantine Officer pursuant to subsection 2. A
copy of those provisions and any approved amendment to those provisions may be
obtained free of charge from the State Department of Agriculture, 405 South
21st Street, Sparks, Nevada 89431.

2. Each amendment to a domestic quarantine
notice specified in subsection 1 shall be deemed approved by the State
Quarantine Officer unless the amendment is disapproved within 60 days after the
amendment becomes effective. The State Quarantine Officer will review each
amendment to a domestic quarantine notice specified in subsection 1 that is
adopted after January 1, 2001, to determine its suitability for this State. If
the State Quarantine Officer determines that such an amendment:

(a) Is suitable for this State, the State
Quarantine Officer will:

(1) File one copy of the amendment with the
Secretary of State and the State Library, Archives and Public Records
Administrator; and

(2) Make at least one copy of the amendment
available for public inspection with the regulations of the Department; or

(b) Is unsuitable for this State, the State
Quarantine Officer will:

(1) File with the Secretary of State and the
State Library, Archives and Public Records Administrator, together with a copy
of the amendment, a written notice indicating that the amendment is
disapproved; and

(2) Make at least one copy of the written
notice and amendment available for public inspection with the regulations of
the Department.

(Added to NAC by St. Quarantine Officer by R002-03,
eff. 9-24-2003; A by R026-15, 12-21-2016)

1. In addition to any written permission
required pursuant to NRS 552.280
or any certification required pursuant to NAC 554.815,
a person shall not collect, relocate, transport or otherwise remove a feral
honeybee, colony or swarm located in an area quarantined pursuant to NAC 554.805, unless the person first obtains a permit
from the Department.

2. A person may obtain a permit required
pursuant to subsection 1 by submitting to the Department:

(a) An application for a permit on a form
prescribed by the Director; and

(b) A fee of $15 for the issuance of the permit.

3. A permit issued pursuant to subsection 2
is valid for 1 year and may be renewed pursuant to this subsection. The holder
of a permit:

(a) Shall, before collecting, relocating,
transporting or otherwise removing a feral honeybee, colony or swarm, submit to
the Department a risk disclosure statement specified by the Department which is
signed by the holder of the permit and the owner of the property harboring the
feral honeybees, if other than the holder of the permit;

(b) Shall maintain a copy of any risk disclosure
statement submitted pursuant to paragraph (a) for not less than 2 years; and

(c) May annually renew the permit by submitting to
the Department:

(1) An application to renew the permit on a
form prescribed by the Director; and

(2) A fee of $15 for renewal of the permit.

4. The Department may revoke or refuse to
renew a permit if the Department determines the holder of the permit failed to
comply with any term or condition of the permit or any provision of this
section. Notice of the revocation or refusal to renew a permit must be given to
the holder of the permit personally, or by registered mail sent to the last
known address of the holder of the permit. If the notice is given by registered
mail, the notice shall be deemed received by the holder of the permit on the
date 14 days after the notice is mailed.

5. As used in this section, “feral honeybee”
means any honeybee which is wild or no longer part of a colony of honeybees
that is owned or managed by a person.

NAC 554.164“Dip treatment” defined. (NRS 554.020, 554.030)“Dip treatment” means a method of treating a
plant for the Japanese beetle by submerging the entire root ball of the plant
or all growing media of the container or other material for retaining the roots
of the plant into a pesticide solution approved by the Director until the root
ball or growing media are completely saturated.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.165“Drench treatment” defined. (NRS 554.020, 554.030)“Drench treatment” means a method of treating
a plant for the Japanese beetle by wetting the entire surface of the potting
media with a pesticide solution approved by the Director.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.166“Media incorporation treatment” defined. (NRS 554.020, 554.030)“Media incorporation treatment” means a method
of treating a plant for the Japanese beetle by potting the plant in a potting
medium into which granules of a pesticide have been mixed.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.167“Methyl bromide fumigation treatment” defined. (NRS 554.020, 554.030)“Methyl bromide fumigation treatment” means a
method of treating a plant for the Japanese beetle by exposing the plant at
normal atmospheric pressure to the smoke or fumes of methyl bromide.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.170Establishment of quarantine. (NRS 554.020, 554.030)A quarantine against the Japanese beetle (Popillia
japonica) of the family Scarabaeidae, its hosts and possible carriers is
hereby ordered.

(Added to NAC by Dep’t of Agriculture, eff. 2-9-79)

NAC 554.180Areas under quarantine. (NRS 554.020, 554.030)The area under quarantine against the Japanese
beetle consists of:

NAC 554.185Maintenance of list of counties not infested in areas under
quarantine. (NRS
554.020, 554.030)

1. The Director will maintain a list of
counties in areas under quarantine against the Japanese beetle that are not
infested with the Japanese beetle. A county may be placed or maintained on the
list if the Director finds that:

(a) An annual survey for the presence of the
Japanese beetle is made in the county; and

(b) The results of the survey indicate that the
county is not infested with the Japanese beetle.

2. An agricultural official in another state
may request that a county be placed on the list by submitting a written request
to the Director that:

(a) Includes the most recent annual survey; and

(b) Indicates the manner in which the survey was
conducted, including, without limitation:

(1) The area surveyed;

(2) The personnel who conducted the survey; and

(3) If the county has ever been previously
infested with the Japanese beetle, the date of the last infestation.

3. An agricultural official in another state
may request that a county be maintained on the list by submitting a written
request to the Director annually in the form required by subsection 2. If such
a request is not received by the Director, the Director will remove the county
from the list.

4. If a heavy infestation of Japanese
beetles occurs in a county that is adjacent to a county which wishes to be
placed or maintained on the list, the Director may refuse to place or maintain
the noninfested county on the list.

5. Before placing or maintaining a county on
the list, the Director will submit the written request received pursuant to subsection
2 or 3 to the Division of Plant Industry of the Department for its evaluation.

3. All plants with roots, except bareroot
plants which are free from soil in amounts that could conceal the larvae or
pupae of the Japanese beetle;

4. Bulbs, corms, tubers, and rhizomes of
ornamental plants; and

5. Any other plant, part of a plant, article
or means of conveyance determined by a state quarantine officer as presenting
the hazard of spreading live Japanese beetles because of infestation or
exposure to infestation.

(Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A
by St. Quarantine Officer by R080-99, 10-26-99)

1. A host or possible carrier of the Japanese
beetle may enter this State from an area under quarantine against the Japanese
beetle if it is accompanied by a certificate issued by an authorized
agricultural official of its state of origin certifying that the host or
possible carrier was:

(a) Grown in accordance with methods and procedures
approved by the Director pursuant to NAC 554.211;
or

(b) Treated for the Japanese beetle before shipment
into this State in accordance with a method of treatment approved by the
Director pursuant to NAC 554.212, 554.213, 554.214 or 554.215. The host or possible carrier must also be
accompanied by a certificate issued by an authorized phytosanitary official of
its state of origin:

(1) Certifying that the treatment was
performed:

(I) Under the direct supervision of a
state phytosanitary official; or

(II) Under a federal compliance agreement
that requires the treatment to be monitored by a state phytosanitary official;
and

(2) Including a declaration that the plants
covered by the certificate have been treated to control Popillia japonica
according to the criteria for shipment to category 1 states as provided in the
United States Domestic Japanese Beetle Harmonization Plan.

2. A copy of a certificate issued by a state
phytosanitary official for the purposes of paragraph (b) of subsection 1 must
be provided to the Department before the shipment’s entry into the State. The
copy may be provided:

(a) By facsimile machine at (775) 688-1178; or

(b) By electronic mail at ndoa@agri.state.nv.us.

(Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A
by St. Quarantine Officer, 11-12-93; R080-99, 10-26-99; A by Dep’t of
Agriculture by R007-07, 10-31-2007)

NAC 554.210Permits for commodities entering Nevada. (NRS 554.020, 554.030)The Director may issue permits allowing hosts
and possible carriers to enter the State subject to the conditions and
provisions which the Director prescribes.

(Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A
by St. Quarantine Officer by R080-99, 10-26-99)

NAC 554.211Approval for entry into State of host or possible carrier. (NRS 554.020, 554.030)The Director will, pursuant to paragraph (a)
of subsection 1 of NAC 554.200, approve for entry
into this State a host or possible carrier of the Japanese beetle that was
grown in:

1. A greenhouse if:

(a) The greenhouse was constructed to prevent the
entry of adult Japanese beetles;

(b) The greenhouse has been inspected and found to
be free from Japanese beetles in any stage of life; and

(c) The plants and soil have been inspected, found
to be free from Japanese beetles in any stage of life and protected from
infestation while being stored, packed and shipped;

2. An area not under quarantine against the
Japanese beetle and was transported into an area under quarantine if the host
or possible carrier was transported in a closed conveyance or closed container
and at all times thereafter was protected from becoming infested with the
Japanese beetle; or

3. A county that, before the arrival of the
shipment of the host or possible carrier into this State, was on the list of
counties maintained by the Director pursuant to NAC
554.185.

(a) For nursery stock that is enclosed in a
container or, except as otherwise provided in this section, is potted;

(b) If the active ingredient of the pesticide
solution used in the drench treatment is:

(1) Imidacloprid at a concentration of 0.5
grams of active ingredient per 1 gallon of water and the solution is applied
immediately preceding June 1 or the date of the flight season of the adult
Japanese beetle established by the phytosanitary official of the state in which
the plant originated; or

(2) Bifenthrin at a concentration of 20 ounces
of active ingredient per 100 gallons of water and the solution is applied in a
ratio of approximately 8 ounces of pesticide solution for every 6 inches or
portion thereof of the diameter of the container or pot;

(c) If the potting medium is sterile and free from
soil; and

(d) If the container or pot is clean.

2. A plant treated by a drench treatment
must be retreated if:

(a) During the flight season of the adult Japanese
beetle, the plant is not shipped into this State within 16 weeks after the
initial treatment; or

(b) The plant is exposed to a second flight season
of the adult Japanese beetle.

3. A plant potted in the field may not be
treated with a drench treatment.

4. Pesticide solutions that may be used in a
drench treatment include, without limitation:

1. For nursery stock that is enclosed within
a chamber or tarpaulin; and

2. If the methyl bromide used in the
treatment is used in accordance with the instructions on the label and in a
manner which avoids injury to the treated plant.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.216Requirements for pesticide used in approved method of treatment. (NRS 554.020, 554.030)

1. To be used in a method of treatment for
the Japanese beetle approved by the Director pursuant to NAC
554.200, a pesticide must be:

(a) Registered in the state in which the treatment
is applied; and

(b) Used in accordance with all:

(1) Instructions on the label of the product;
and

(2) Standards applicable in the state in which
the treatment is applied for the protection of the worker applying the
treatment.

2. This section does not affect, supersede
or modify any instructions approved by the Environmental Protection Agency for
the application of the pesticide.

(Added to NAC by St. Quarantine Officer by R080-99,
eff. 10-26-99)

NAC 554.220Applicability of quarantine. (NRS 554.020, 554.030)The provisions of NAC
554.162 to 554.216, inclusive, do not apply to
soil samples which are being moved pursuant to a federal compliance agreement.

(Added to NAC by Dep’t of Agriculture, eff. 2-9-79; A
by St. Quarantine Officer by R080-99, 10-26-99)

1. “Official certificate” means a document
issued by an authorized representative of the designated state, district or
federal Department of Agriculture evidencing compliance with the provisions of NAC 554.280 to 554.370,
inclusive, and setting forth all information and facts required by those
sections.

2. “Portions of plants or fragments capable
of harboring larva of the European corn borer” means any portion of a host
plant of any shape or size which cannot be passed through a 1/2-inch square
aperture and any completely whole, round, uncrushed section, portion or piece
of cob, stalk or stem of 1 inch or more in length and three-sixteenths of an
inch or more in diameter.

3. “Shelled grain” means the seeds or
kernels separated from all other parts of a plant of corn, broomcorn, sorghum
and Sudan grass.

NAC 554.250Areas under quarantine. (NRS 554.020, 554.030)All states and districts of the United States
except Alaska, Arizona, California, Hawaii, Idaho, New Mexico, Oregon, Utah and
Washington are under quarantine.

NAC 554.280Official certificate. (NRS 554.020, 554.030)Except as otherwise provided in NAC 554.350, each lot or shipment of shelled grain of
corn, broomcorn, sorghums and Sudan grass grown in or shipped from an area
under quarantine and brought into this State must be accompanied by an official
certificate.

NAC 554.290Contents of certificate for shelled grain grown in or shipped
from infested area. (NRS 554.020, 554.030)In addition to the information required by NAC 554.320, a certificate for shelled grain grown in
or shipped from the infested area described in NAC
554.260 must either affirm that the grain has been:

1. Passed through a 1/2-inch mesh screen or
less, or otherwise processed before loading and is believed to be free from
stalks, cobs, stems or portions of plants or fragments capable of harboring
larva of the European corn borer and that the car or truck was free from
stalks, cobs, stems or such portions of plants or fragments at the time of
loading; or

2. Fumigated by a method and in a manner
prescribed by the Director, setting forth the date of fumigation, dosage
schedule and the kind of fumigant used.

NAC 554.300Contents of certificate for shelled grain grown in or shipped
from area under quarantine but not infested. (NRS 554.020, 554.030)In addition to the information required by NAC 554.320, a certificate for shelled grain grown in
and shipped from states under quarantine but not listed in NAC 554.260 must be issued by the proper official of
the state wherein such grain was produced, affirming that all the grain covered
by the certificate is a product of a state wherein no European corn borer is
known to exist and that its continued identity has been maintained to assure no
blending or mixing with grain, plants or portions thereof produced in or shipped
from infested areas.

NAC 554.310Shelled grain transported through Nevada without certificate
subject to disposal. (NRS 554.020, 554.030, 554.060)Any lot or shipment of shelled grain arriving
in this State which is not accompanied by an official certificate or which is
certified on the basis of freedom from contamination with portions of plants or
fragments capable of harboring larva of the European corn borer and which is
found to be so contaminated, shall be deemed to be in violation of this
quarantine and subject to disposal as provided in NRS 554.060.

1. Stalks, ears, cobs or other parts, fragments
or debris of corn, broomcorn, sorghums and Sudan grass grown in or shipped from
the area under quarantine, imported as such or as packing or otherwise, will be
admitted into this State only if each lot or shipment is accompanied by an
official certificate of the state from which shipped, affirming that all
stalks, ears, cobs or other parts, fragments or debris of the plants
accompanied thereby have been disinfected or sterilized in a manner prescribed
by the Director and setting forth the date and full particulars of the
treatment applied.

2. Stalks, ears, cobs or other parts,
fragments or debris of plants grown in and shipped from states under quarantine
which are not listed in the infested areas described in NAC
554.260 will be admitted into this State only if each shipment or lot is
accompanied by an official certificate of the state where produced, affirming
that the product is a product of a state wherein no European corn borer is known
to exist and that continued identity of the product has been maintained to
assure no handling or storage in association with stalks, ears, cobs or other
parts, fragments or debris of the plants grown in or shipped from infested
areas.

3. All certificates issued in compliance
with this section must set forth:

(a) The kind and quantity of the commodity
constituting the lot or shipment covered thereby;

(b) The initials and number of the railway car or
license number in the case of a truck; and

NAC 554.340Certification required for certain vegetables and plants produced
in or shipped from infested areas. (NRS 554.020, 554.030)Except as otherwise provided in NAC 554.360, beans in the pod, beets, celery, peppers
(fruits), endive, Swiss chard, rhubarb (cut or plants with roots), cut flowers
and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock,
marigold, zinnia, Japanese hop, dahlia (except tubers without stems) and
gladiolus (except corms without stems) produced in or shipped from an infested
area will be admitted into this State only if each lot or shipment is
officially certified by an inspector of the United States Department of Agriculture
or by an authorized official of the state where produced, evidencing that the
plants, products or cut flowers have been inspected or that the greenhouse or
growing grounds where they were produced were inspected and no European corn
borer was found or that the plants, products or cut flowers have been fumigated
by a method and in a manner prescribed by the Director and setting forth the
date of fumigation, dosage schedule and the kind of fumigant used.

NAC 554.350Certain grain products exempt from certification requirements. (NRS 554.020, 554.030)The certification requirements of NAC 554.280 to 554.340,
inclusive, are hereby waived on shelled popcorn, seed for planting, individual
shipments or lots of 100 pounds or less of other clean shelled grain or
shipments or lots comprised of packages of less than 10 pounds, subject to
inspection and freedom from portions of plants or fragments capable of harboring
the European corn borer.

1. The shipments or lots of beans in the
pod, beets, peppers (fruits), endive, Swiss chard and rhubarb (cut or plants
with roots) are not more than 10 pounds.

2. Divisions without stems of the previous
year’s growth, rooted cuttings, seedling plants and cut flowers of aster,
chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia and Japanese hop
are brought into the State between November 30 and May 1.

NAC 554.370Certain manufactured or processed products exempt from
restrictions of quarantine. (NRS 554.020, 554.030)No restrictions are placed by this quarantine
upon the movement of restricted products which are processed or manufactured in
such a manner as to eliminate all danger of carrying the European corn borer.

NAC 554.380Violations. (NRS 554.020, 554.030, 554.060)All lots or shipments in violation of this
quarantine will be disposed of in accordance with NRS 554.060, except that the
Director, his or her deputies or inspectors, may release small lots or
shipments of restricted products which may be adequately inspected in lieu of
origin certification if no living stages of the European corn borer are found,
or the lot or shipment may be treated in an approved manner under official
supervision.

NAC 554.390Methods of disinfecting ear corn.
(NRS 554.020, 554.030)Ear corn (dry) must be disinfected by using
one of the following methods:

1. Ears of corn must be heated in a chamber
at an air temperature of at least 168 degrees Fahrenheit for at least 2 hours.
The ears of corn must be spread out on slat or wire shelves, not more than one
layer deep. Air temperatures must be taken at three points in the chamber and
the time of sterilization must begin when all thermometers reach 168 degrees
Fahrenheit after the corn has been placed in the chamber.

2. Atmospheric fumigation in a gastight
chamber using a dosage schedule of 2 pounds of methyl bromide per 1,000 cubic
feet for 6 hours at temperatures of at least 70 degrees Fahrenheit.

[Dep’t of Agriculture, No. 54.02-1 § I part subsec. A,
eff. 4-2-71]

NAC 554.400Methods of disinfecting broomcorn. (NRS 554.020, 554.030)Broomcorn and articles made of broomcorn must
be disinfected by using one of the following methods:

1. Vacuum fumigation (HCN). Three pounds of
liquid hydrocyanic acid or its equivalent per 1,000 cubic feet of air space
must be injected into a vacuum at a temperature of not less than 60 degrees
Fahrenheit. The gas must be injected in at least a 28-inch vacuum sustained for
a period of at least 3 hours.

2. Steam sterilization under vacuum. Air
pressure in a chamber must be reduced to a 25-inch vacuum. Steam must then be
introduced until a positive pressure of 10 pounds is obtained. This pressure
must be sustained until a constant temperature in all parts of the chamber is
attained.

3. Atmospheric fumigation in a gastight
chamber using a dosage schedule of 2 1/2 pounds of methyl bromide per 1,000
cubic feet of chamber space for 6 hours at temperatures of at least 70 degrees
Fahrenheit.

[Dep’t of Agriculture, No. 54.02-1 § I part subsec. A,
eff. 4-2-71]

NAC 554.410Method of disinfecting certain vegetables and plants. (NRS 554.020, 554.030)Ear corn (green), green beans, beets, celery,
bell peppers, endive, Swiss chard, cut rhubarb, cut flowers and plants for
propagation must be disinfected by atmospheric fumigation in a gastight chamber
using methyl bromide at the following rates for the period specified, to be
determined by the temperature of the product and the interior of the chamber:

Temperature (°F)

Pounds
per 1,000 cubic feet

Exposure
(hours)

at least 73

2.0

2.5

67
- 72

2.5

2.5

62
- 66

2.5

3.0

58
- 61

2.5

3.5

54
- 57

2.5

4.0

50
- 53

3.0

4.0

46
- 49

3.0

4.5

42
- 45

3.5

4.5

38
- 41

3.5

5.0

[Dep’t of Agriculture, No. 54.02-1 § I part subsec. A,
eff. 4-2-71]

NAC 554.420Method of disinfecting bulk ear corn and baled broomcorn in
freight cars. (NRS
554.020, 554.030)Bulk ear corn and baled broomcorn in a freight
car must be disinfected by atmospheric fumigation for 16 hours using methyl
bromide at the following rates, to be determined by the temperature of the
product and the interior of the car during the period of exposure:

Temperature
(°F)

Pounds
per 1,000 cubic feet

at
least 60

3.0

50
- 59

3.5

40
- 49

4.0

30
- 39

4.5

20
- 29

5.0

At temperatures below 40 degrees Fahrenheit, the methyl
bromide must be applied by using hot gas.

[Dep’t of Agriculture, No. 54.02-1 § II subsec. A, eff.
4-2-71]

NAC 554.430Method of disinfecting bulk shelled grain in railway cars and
certain vans. (NRS
554.020, 554.030)Bulk shelled grain (corn, broomcorn, sorghums
and Sudan grass) in railway cars or trucking vans must be disinfected by
atmospheric fumigation for 16 hours using methyl bromide at the following
rates, to be determined by the temperature of the product and the interior of
the car during the period of exposure:

Temperature
(°F)

Pounds
per 1,000 cubic feet

at
least 60

4.0

55
- 59

4.5

50
- 54

5.0

45
- 49

5.5

40
- 44

6.0

35
- 39

6.5

30
- 34

7.0

25
- 29

7.5

20
- 24

8.0

At temperatures below 40 degrees Fahrenheit, the methyl
bromide must be applied by using hot gas.

[Dep’t of Agriculture, No. 54.02-1 § II part subsec. B,
eff. 4-2-71]

NAC 554.440Standards for freight cars and vans used for fumigation. (NRS 554.020, 554.030)Only freight cars or trucking vans which are
made only of metal may be used as fumigation chambers. The doors must be single
doors and not over 7 feet wide. Doors and other apertures must be sealed in
such a manner as to make them gastight.

1. Each loaded railway car or trucking van
must be prepared so that air can be withdrawn from beneath the grain and
returned to the space above the load. This must be provided by a system of
probes inserted in the grain and connected by flexible tubing to a portable
blower outside of the car which returns the air to the space above the load.

2. The probe system must consist of ten
probes 6 feet long inserted equidistant in a line down the center of the car so
that the perforated tips are near the floor.

3. The probes must be connected by flexible
tubing proportioned so that there is equal suction on each probe.

4. One doorway must be sealed with gastight
laminated paper. The ducts must lead through this seal to the portable blower.

5. The blower must have a capacity of at
least 625 cubic feet per minute against a 5-inch static pressure and must be of
a design that can be made gastight. The gas may be introduced as a spray or
through a volatilizer into the exhaust duct at any point between the blower and
the car or van, or may be introduced directly into the space above the load.

1. The intake side of the blower unit must
be connected to the inside duct system by a 15-foot length of 6-inch flexible
tubing coated with neoprene. Another 15-foot length of 8-inch tubing must be
attached to the exhaust side of the blower and the other end inserted into a
metal collar inserted into the paper grain door above the load.

2. The inside probe and duct system must be
constructed of flexible tubing coated with neoprene. Two similar systems must
extend from the center to each end of the car or van and must be connected by a
Y-section to a 5-foot section of 6-inch tubing which extends toward the door.
The end of this section must be fitted with a sheet metal tubing that is 6
inches in diameter and extends through the paper grain door and connects to the
intake side of the blower.

3. A set of ten probes which are 6 feet long
are required. Probes must be made from 1 1/4-inch I.D. hard-drawn aluminum
tubing. Each probe must be fitted with a heavy sheet metal point having four
slots which are one-sixteenth of an inch wide and 5 inches long through which
air is taken into the duct system. Each probe must be attached to the duct
system by a section of 1 1/2-inch flexible tubing.

1. Lay out the inside probe and duct system
on top of the load. Insert the probes down the center of the load at 4-foot
intervals to a depth near the floor. Both end probes must be placed 2 feet from
the end of the car. Seal the door of the car through which intake and exhaust
tubes from the blower will connect to the probe-duct system as provided in this
section.

2. Heavy laminated paper must be placed in
the doorway on the outer side of the wooden grain door and sealed to the
doorfacing and doorsill by masking tape. The top edge of this paper must be
lapped over and fastened to the top edge of the wooden grain door. The
remainder of the opening must be covered by a paper grain door to the ceiling
of the car.

3. Loosen the wooden grain door and slip the
bottom edge of the paper door down so as to overlap the paper on the wooden
door. Renail the wooden grain door in place. Seal this lap of paper grain door
to the paper covering on the wooden door using masking tape. Nail a 1- by
4-inch plank across the top of the paper grain door inside the car, leaving a
sufficient edge of paper above the plank to seal it with masking tape or “bug”
putty. Seal the ends of the paper grain door to the inside wall of the car with
masking tape. Cut two holes in the paper grain door, one with an 8-inch
diameter and one with a 6-inch diameter. These holes must be cut just above the
edge of the wooden grain door so that ducts will rest on the top of the wooden
grain door. Seal an 8-inch collar inserted through the hole through which the
exhaust duct may be inserted. Insert the end of the inside duct system out
through the 6-inch hole so as to protrude about 2 inches beyond the paper grain
door and to which the intake duct from the blower may be attached. Close the
opposite door and all other apertures in the car and seal them with masking
tape and “bug” putty so as to make the entire car gastight.

4. Connect the intake duct from the blower
to the end of the inside probe system extending through the paper car door.
Insert the end of the exhaust duct through the 8-inch collar in the paper grain
door and seal with masking tape or “bug” putty. Start the blower and introduce
the required amount of fumigant. Allow the blower to operate continuously for
at least 10 minutes after the fumigant has been discharged. Disconnect the
intake and exhaust ducts, seal the openings and close the door of the car.
Allow the car to remain undisturbed for 16 hours.

5. “Bug” putty may be purchased from
fumigant supply companies or may be made from 8 parts asbestos, 3 parts calcium
chloride and 4 parts water.

NAC 554.490Areas under quarantine. (NRS 554.020, 554.030)All states and districts of the United States
are under quarantine.

[Dep’t of Agriculture, No. 54.07 § B, eff. 10-1-67]

NAC 554.500Commodities covered by quarantine. (NRS 554.020, 554.030)The following commodities are under
quarantine:

1. Mint planting stock including, but not
limited to, all roots, stoles, rhizomes and cuttings of peppermint (Mentha
piperita), or spearmint (Mentha spicta) or any species of the genus
Mentha that may be used for the production of oil.

2. Used machinery and equipment used in
handling, digging, planting, cultivating, harvesting, fertilizing or distilling
mint and mint hay.

1. Before a person brings into this State an
article which is under quarantine pursuant to NAC
554.500, the person must first apply to the Administrator of the Division
of Plant Industry of the Department for a permit to do so.

2. The application for a permit must
contain:

(a) The name and address of the exporter;

(b) The exact location of the farm of the producer
or, if the article originated or was used at a place other than the locality
from which it was shipped, the point of use or origin;

(c) The nature and amount of the importation;

(d) The name and address of the importer; and

(e) The method and routes of transportation, such
as by the use of truck, trucking company or railroad company.

[Dep’t of Agriculture, No. 54.07 § D subsec. (1), eff.
10-1-67]

NAC 554.520Contents of permit of entry. (NRS 554.020, 554.030)A permit of entry issued by the Director must
contain:

1. The conditions under which the mint
planting stock may be imported.

2. A certificate signed by an authorized
official of the state of origin which certifies that:

(a) The planting stock was inspected;

(b) The field from which it came was inspected
during the growing season before the cutting of mint hay; and

(c) The field and mint planting stock was found to
be free of mint wilt and nematode pest.

3. The conditions under which used equipment
may be imported, including, but not limited to, any treatment, sterilization,
standards of cleanliness or inspection that the Director deems necessary.

[Dep’t of Agriculture, No. 54.07 § D subsec. (2), eff.
10-1-67]

EXTERIOR QUARANTINE AGAINST MINT STEM BORER

NAC 554.525Establishment of quarantine. (NRS 554.020, 554.030)A quarantine is hereby established upon any
commodity specified in NAC 554.528 that originates
in an infested area specified in NAC 554.526 and
may be a carrier of the mint stem borer (Pseudobaris nigrina).

1. Any state or county not specified in NAC 554.526, other than Alaska or Hawaii; and

2. The District of Columbia.

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002)

NAC 554.528Commodities covered by quarantine. (NRS 554.020, 554.030)The following commodities are under
quarantine:

1. Any stock used to plant mint, including,
without limitation, any root, stolon, rhizome or cutting of peppermint (Mentha
piperita), spearmint (Mentha spicta) or any other species of the
genus Mentha; and

2. Any soil that is associated with or
attached to any stock specified in subsection 1.

1. The entry into this State of a commodity
specified in NAC 554.528 that originates in an
infested area is prohibited.

2. A commodity specified in NAC 554.528 is prohibited from entering this State
from a restricted area unless the commodity is accompanied by a certificate
signed by or bearing a facsimile signature of the authorized agricultural
inspection officer of the state of origin certifying that:

(a) The planting stock was inspected;

(b) The field from which the planting stock
originated was inspected during the growing season for the planting stock and
before any mint hay was cut from the field; and

(c) The planting stock and field were found to be
free of the mint stem borer.

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002)

EXTERIOR QUARANTINE AGAINST ORGANISM THAT CAUSES LETHAL YELLOWING
OF PALM

NAC 554.535Establishment of quarantine. (NRS 554.020, 554.030)A quarantine is hereby established against the
organism that causes lethal yellowing of palm, the planthopper that is its
natural carrier (Myndus crudus), and the hosts of the organism and the
carrier.

(Added to NAC by St. Quarantine Officer by R091-01,
eff. 10-12-2001)

NAC 554.545Areas under quarantine. (NRS 554.020, 554.030)The following areas are under quarantine:

NAC 554.555Commodities subject to quarantine. (NRS 554.020, 554.030)The following commodities are subject to the
quarantine:

1. Ruffle palm (Aiphanes lindeniana).

2. Seashore palm (Allagoptera arenaria).

3. Broomsedge (Andropogon virginicus).

4. Formosa palm or sugar palm (Arenga
engleri).

5. Arikury palm (Arikuryroba schizophylla,
Syagrus schizophylla).

6. Palmyra palm (Borassus flabellifer).

7. Cluster fishtail palm (Caryota mitis).

8. Giant fishtail palm (Caryota rumphiana).

9. A certain palm (Chelyocarpus chuco).

10. Cabada palm (Chrysalidocarpus cabadae,
Dypsis cabadae).

11. Coconut palm (Cocos nucifera).

12. Buri palm (Corypha elata).

13. Bermuda grass (Cynodon dactylon).

14. Sedges (Cyperus spp.).

15. Princess palm (Dictyosperma album).

16. Centipede grass (Eremochloa
ophiuroides).

17. Puerto Rican gaussia (Gaussia
attenuata).

18. Belmore sentry palm (Howea belmoreana).

19. Spindle palm (Hyophorbe
verschaffeltii (Mascarena v.)).

20. Latan palm (Latania sp.).

21. Chinese fan palm (Livistona chinensis).

22. Javanese fan palm (Livistona
rotundifolia).

23. Mazari palm (Nannorrhops ritchiana).

24. Triangle palm (Neodypsis decaryi,
Dypsis decaryi).

25. Paragrass (Panicum purpurascens).

26. A certain grass (Panicum bartowense).

27. Screw pine (Pandanus utilis).

28. Bahia grass (Paspalum notatum).

29. Canary Island date palm (Phoenix
canariensis).

30. Date palm (Phoenix dactylifera).

31. Senegal date palm (Phoenix reclinata).

32. Cliff date palm (Phoenix rupicola).

33. Wild date palm (Phoenix sylvestris).

34. Peicherdia (Pritchardia spp.).

35. Hildebrandt’s palm (Ravenea
hildebrandtii).

36. Foxtail (Setaria spp.).

37. St. Augustine grass (Stenotaphrum
secundatum).

38. Windmill palm (Trachycarpus fortunei).

39. Christmas palm (Veitchia spp.).

40. Any other commodity that the State
Quarantine Officer or his or her representative determines is a host of:

(a) The organism that causes lethal yellowing of
palm; or

(b) The planthopper that is its natural carrier (Myndus
crudus).

(Added to NAC by St. Quarantine Officer by R091-01,
eff. 10-12-2001)

NAC 554.565Entry into State of certain commodities prohibited. (NRS 554.020, 554.030)The entry into this State of a commodity
specified in NAC 554.555, including any part
thereof that is capable of propagation, except seed, is prohibited if grown in
or shipped from an area under quarantine.

(Added to NAC by St. Quarantine Officer by R091-01,
eff. 10-12-2001)

NAC 554.575Disposition of commodities entering State in violation of
quarantine; liability for costs. (NRS 554.020, 554.030, 554.060)A commodity that enters this State in
violation of the quarantine imposed pursuant to NAC
554.535 to 554.565, inclusive, must be
immediately shipped to a destination located outside of this State or destroyed
by burning or any other manner approved by the Department. If a commodity is
shipped or destroyed pursuant to this section, the owner of the commodity or
his or her agent is liable for the cost of the shipment or destruction.

(Added to NAC by St. Quarantine Officer by R091-01,
eff. 10-12-2001)

EXTERIOR QUARANTINE AGAINST COLORADO POTATO BEETLE

NAC 554.700Establishment of quarantine. (NRS 554.020, 554.030)The Director hereby establishes a quarantine
at the Nevada boundaries to prevent or restrict the introduction into this
State of certain commodities which have originated in infested areas and may be
carriers of the Colorado potato beetle (Leptinotarsa decemlineata).

(Added to NAC by Dep’t of Agriculture, eff. 12-3-80)

NAC 554.710Infested areas. (NRS 554.020, 554.030)The following areas are infested with the
beetle:

1. All states of the United States except
Alaska, California and Hawaii;

1. Except as otherwise provided in
subsection 2, no restricted commodity may enter this State from an infested
area unless the shipment or lot containing it is accompanied by a certificate
signed by an authorized inspector of the state, district or territory in which
the commodity was produced and a copy of the certificate is mailed to the State
Department of Agriculture, 405 South 21st Street, Sparks, Nevada 89431,
affirming that all restricted commodities contained in the lot or shipment were
grown in and shipped from a geographic locality free from the Colorado potato
beetle.

2. Irish potato tubers may enter this State
from any point in an infested area if, before entry, the tubers:

(a) Have been washed, screened or otherwise freed
of any soil and any host plants or cuttings thereof; and

(b) Are in new or recleaned sacks or in other clean
containers.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-80; A
by St. Quarantine Officer by R026-15, 12-21-2016)

EXTERIOR QUARANTINE AGAINST POTATO LATE BLIGHT

NAC 554.755Establishment of quarantine. (NRS 554.020, 554.030)A quarantine is hereby established upon any
commodity specified in NAC 554.765 that originates
in an infested area specified in NAC 554.759 and
may be a carrier of late blight (Phytophthora infestans).

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002)

NAC 554.759Infested areas. (NRS 554.020, 554.030)Each state, district and territory of the
United States is an infested area.

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002)

NAC 554.765Commodities covered by quarantine. (NRS 554.020, 554.030)The following commodities are under
quarantine:

1. Any seed potato or potato plant; and

2. Any plant of the genus Solanum
lycopersicum, except tomato seeds.

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002; A by R026-15, 12-21-2016)

1. Any commodity specified in NAC 554.765 is prohibited from entering this State
from an infested area unless the commodity is accompanied by a certificate
signed by or bearing a facsimile signature of the authorized agricultural
officer of the state of origin.

2. If the commodity is a seed potato or
potato plant, the certificate must state that the seed potato or potato plant:

(a) Was produced and certified as a certified seed
potato in the state or county of origin; and

(b) Was inspected in storage and at the point of
shipping, and late blight was not found in the lot.

3. If the commodity is a plant of the genus Solanum
lycopersicum, the certificate must state that the plant:

(a) Was grown in a nursery or greenhouse;

(b) Was inspected at that nursery or greenhouse and
was found to be free of late blight;

(c) Before shipment, was treated with a registered
fungicide that is labeled for the control of late blight; and

(d) Was inspected at the point of shipment and
found to be free of late blight.

(Added to NAC by St. Quarantine Officer by R032-01,
eff. 1-17-2002; A by R026-15, 12-21-2016)

NAC 554.775Disposition of commodities entering State in violation of
quarantine; liability for cost. (NRS 554.020, 554.030, 554.060)Any commodity specified in NAC 554.765 that is found to be infested with late
blight or shipped to a destination in this State in violation of the quarantine
imposed pursuant to NAC 554.755 to 554.775, inclusive, must be immediately shipped to a
destination located outside of this State or destroyed or treated in a manner
approved by the Department. If any commodity is shipped, destroyed or treated
pursuant to this section, the owner of the commodity or his or her agent is
liable for the cost of the shipment, destruction or treatment.

2. Any queen or other honeybee obtained from
a colony specified in subsection 1.

(Added to NAC by St. Quarantine Officer by R035-01,
eff. 1-17-2002)

NAC 554.815Certification by Department required for movement, sale or
distribution of restricted commodity from area under quarantine. (NRS 554.110)A person shall not:

1. Ship, transport or otherwise move a
commodity that is restricted pursuant to NAC 554.811
to a destination that is located outside of an area specified in NAC 554.805 unless, within 30 days before the
commodity is transported, shipped or moved, the Department certifies that the
commodity is not an Africanized honeybee or does not contain any Africanized
honeybees; or

2. Produce for sale or distribution any
queen or other honeybee specified in NAC 554.811
unless the Department, at least twice during the year in which the queen or
honeybee is produced for sale or distribution, certifies that the colony that
is used to produce the queen or honeybee does not contain any Africanized
honeybees.

(Added to NAC by St. Quarantine Officer by R035-01,
eff. 1-17-2002)

NAC 554.821Violations. (NRS 554.110)If the Department determines that a colony
specified in NAC 554.811 contains Africanized
honeybees, the Department shall, within 10 days after making that
determination, notify the owner or manager of the colony of that fact in
writing. Within 30 days after receiving the notice, the owner or manager shall:

1. Destroy the colony in a manner specified
by the Department; or

2. Provide the colony with a queen that is
not an Africanized honeybee.

(Added to NAC by St. Quarantine Officer by R035-01,
eff. 1-17-2002)

NAC 554.825Disposition of restricted commodity that is moved to destination
outside of area of quarantine. (NRS 554.110)If any commodity that is restricted pursuant
to NAC 554.811 is shipped, transported or otherwise
moved to a destination in this State that is located outside an area specified
in NAC 554.805 in violation of NAC 554.805 to 554.825,
inclusive, the commodity must be immediately returned to the area or destroyed
in a manner specified by the Department.

1. Except as otherwise provided in
subsection 2, each shipment of the quarantined commodities must be accompanied
by a certificate of origin signed by an authorized official of the state of
origin. The certificate of origin must contain declarations that:

(a) The planting stock was grown in an area not
known to be infested with stem and bulb nematode or with white rot fungus;

(b) The crop was inspected during the growing
season and was found apparently free from stem and bulb nematode and white rot
fungus; and

(c) The seed-garlic was presoaked in hot water with
or without formalin at 100 degrees Fahrenheit, plus or minus 2 degrees
Fahrenheit, for 30 minutes followed immediately by a 20-minute soaking at 120
degrees Fahrenheit, plus or minus 2 degrees Fahrenheit, in a solution of the
same composition, but variations of this treatment may be substituted with
prior approval of the Director.

2. If stock for the commercial propagation
of garlic or onions is accompanied by a certificate issued under a state or
federally supervised program which has been specifically designed to prevent
infection of such stock by stem and bulb nematode or white rot fungus, the
stock may be brought into Nevada or a control area within this State without
meeting the requirements of subsection 1.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
1-27-89; A by St. Quarantine Officer by R026-15, 12-21-2016)

1. The State Quarantine Officer or his or
her designee will inspect onions or garlic or the planting areas for those
plants during any time of the year which may be appropriate to determine the
presence of any stem and bulb nematode or any white rot fungus.

2. For each inspection of a commercial
production conducted pursuant to subsection 1, the State Quarantine Officer
will, in accordance with NRS 587.360,
impose a fee of:

(a) Fourteen dollars per acre for a field planted
with any vegetative seed specified by the State Quarantine Officer; and

(b) Five dollars per acre for a field planted with
any true seed specified by the State Quarantine Officer.

3. Garlic bulbs grown in Nevada may be
replanted if they have been inspected by the State Quarantine Officer or his or
her designee during the growing season and found apparently free from stem and
bulb nematode and white rot fungus.

4. All machinery and all bins and other
equipment which have been used in handling, digging, planting, cultivating,
harvesting or fertilizing an Allium crop must be free of any dirt, garlic,
onions and other residue of the Allium species before being brought into
Nevada.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83;
NAC A by St. Quarantine Officer by R089-11, 12-30-2011)

1. A field found to be infested with white
rot fungus (Sclerotium cepivorum) must be placed under quarantine and
fumigated or treated in the manner approved by the Director. As used in this
subsection, “quarantine” includes the restriction of movement of equipment and
crop from an infested field.

2. All machinery and equipment that has been
used in the handling or treatment of onions, garlic or other Allium species
which is found to be infested with white rot fungus (Sclerotium cepivorum)
must be decontaminated in a manner approved by the Director before it is
removed from the infested field.

(Added to NAC by Dep’t of Agriculture, eff. 4-18-90)

VIOLATIONS OF QUARANTINES

NAC 554.970Definitions. (NRS 554.085)As used in NAC 554.970
to 554.982, inclusive, unless the context otherwise
requires, the words and terms defined in NAC 554.972,
554.974 and 554.976
have the meanings ascribed to them in those sections.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.972“Notice of violation” defined. (NRS
554.085)“Notice of violation”
means a nursery inspection report or an interview notice issued by the
Department which:

1. Sets forth the statute or regulation that
has been violated;

2. Sets forth what must be done with the
nursery stock found in violation; and

3. Is signed by:

(a) A representative of the Department; and

(b) The person who is in violation of the statute
or regulation.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.974“Notice of warning” defined. (NRS
554.085)“Notice of warning” means
a written notice issued by the Department which sets forth:

1. The statute or regulation that has been
violated; and

2. Any action which must be taken by the
person in violation to remedy the violation.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.976“Nursery stock” defined. (NRS
554.085)“Nursery stock” means any
product of the soil, including, without limitation, agricultural or
horticultural crops, seeds, plants, trees or shrubs and any part or
manufactured product thereof.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.978Issuance of notice of warning. (NRS
554.085)

1. A notice of warning may be issued by the
Department for a first violation of a quarantine issued pursuant to NRS 554.020 that was unintentional
as long as the nursery stock did not contain a quarantined insect, weed or
plant disease.

2. An administrative fine will not be
assessed with a notice of warning issued pursuant to this section.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.980Administrative fine for failure to comply with actions in notice
of violation. (NRS 554.085)A person who fails to comply with the actions
set forth in a notice of violation that are required by the Department to
remedy the violation shall, after notice and hearing, for each violation pay an
administrative fine in accordance with the following:

1. For the first violation, $1,500.

2. For the second violation, $3,000.

3. For the third and any subsequent
violation, $5,000.

(Added to NAC by St. Quarantine Officer by R227-97,
eff. 6-23-98)

NAC 554.982Administrative fine for unlawful importation of nursery stock. (NRS 554.085)A
railroad, express company or other common carrier, or any other person who
imports nursery stock in violation of NRS
554.070, shall, after notice and hearing, for each violation pay an
administrative fine in accordance with the following: